Spencer, Richard C.

English

Indiana University Bloomington Maurer School of Law

Indiana Law JournalVolume 4 | Issue 7 Article 54-1929The Department of Justice of the United Sates, byAlbert LangeluttigRichard C. SpencerWestern Reserve UniversityFollow this and additional works at: http://www.repository.law.indiana.edu/iljPart of the Law CommonsThis Book Review is brought to you for free and open access by the LawSchool Journals at Digital Repository @ Maurer Law. It has been acceptedfor inclusion in Indiana Law Journal by an authorized administrator ofDigital Repository @ Maurer Law. For more information, please contactwattn@indiana.edu.Recommended CitationSpencer, Richard C. (1929) "The Department of Justice of the United Sates, by Albert Langeluttig," Indiana Law Journal: Vol. 4: Iss. 7,Article 5.Available at: http://www.repository.law.indiana.edu/ilj/vol4/iss7/5REVIEWSTHE DEPARTMENT OF JUSTICE OF THE UNITEDSTATES*This volume is an addition to the Studies sn Administrationfor the Institute for Government Research. It is essentially astatement-the result of much research-of the structural' or-ganization of the Department of Justice. It is a descriptiveenumeration of the divisions, bureaus, and offices, together withtheir powers and functions, and it includes the related func-tions of offices located in other departments of the nationalgovernment.The study goes into the technical aspects of the Department inconsiderable detail, even to a review of the conditions, from anadministrative point of view, existing in the federal penal insti-tutions. The technical contacts with the federal court systemare likewise covered in some detail-the formal manner in whichfederal judges, court clerks, district attorneys, and marshalsare appointed and paid and their accounts audited. The bookimpresses the reader with the orderliness of the Department ofJustice-a circumstance probably due to the free hand giventhe Attorney General in its organization. It impresses himalso with the lack of foresight exhibited in the scattering ofmany essentially judicial functions among numerous depart-ments, often with little opportunity for centralized functionaloversight of their activities. Some possible remedies are sug-gested.There seems to be but slight effort on the part of the author,however, to depict the actual operating relationship between theDepartment of Justice and the related agencies of other depart-ments or branches of the government. The reader might like,for example, not only to learn of the existence and legal func-tions of the Assistant Attorney General in charge of the Divisionof Prohibition and Taxation, but also to know something of theworking adjustments whereby that Division co-operates withthe Prohibition Unit of the Treasury Department and avoidsconfusion and cross purposes under the double direction. Theplan of the book apparently excludes this view.In the chapter entitled "Litigation," on the other hand, themethod of enumeration of the offices of other departments withtheir functions does not seem to require the filling of the gap ofwhich mention has just been made. Possibly this is due some-what to the element of discretion in matters of litigation. Wherethe discretion lies is indicated, and this seems adequate.*The Department of Justice of the United States by AlbertLangeluttig, pp. 482. Johns Hopkins Press, 1927.511INDIANA LAW JOURNALPossibly the most interesting parts of the study are ChaptersXI and XII, "The Official Opinions of the Attorney General."and "The Authority of the Opinions of the Attorney General."The reader is led into the law of the Attorney General's prac-tices, which is illustrated with numerous, well selectd cases. Thefact that the opinions of the Attorney General are usually com-plied with by government officials is shown, in Chapter XIII, tohave an interesting counterpart in the independence of theComptroller General and his power to define his own legal posi-tion, to render legal advice on many fiscal matters, and toignore the advice of the Attorney General.Since the book is intended to be a specialized piece of worklargely for the perusal of the specialized reader, it is in manyplaces unrelived by apt illustration. Its copious citations, never-theless, at every stage, together with over eighty pages of ap-pended material, make it invaluable to the student of administra-tive law.RICHARD C. SPENCEFWestern Reserve University.CONSTITUTIONAL PROBLEMS UNDER LINCOLN*Professor Randall has performed a service for students ofgovernment and constitutional law in writing this book on theconstitutional problems of the Civil War. In 530 pages of text,he considers the controversies concerning constitutional inter-pretation which arose during the Civil War. Some of thesecontroversies came before the courts; many of them were neverbrought before a judicial tribunal for settlement. The book doesnot deal with the Reconstruction period except in an incidentalway. Its focus is primarily on the Civil War.While an introduction of some kind is always necessary to anywork of this size, pages 1 to 25 seem unduly general in thescope of their treatment. The various subjects considered inthis volume are such as the constitution and the war powers;the legal nature of the Civil War; the law of treason; the treat-ment of confederate leaders; the power to suspend the habeascorpus privilege; military rule and arbitrary arrests; martiallaw and military commissions; the indemnity act of 1863; theregime of conquest in occupied districts of the south; legal andconstitutional bearings of conscription; confiscation; emancipa-tion; state and federal relations during the Civil War, includingthe partition of Virginia; and one chapter is included on therelation of the government to the press. In his chapter of sum-*Constitutional Problems Under Lncoln.-By James G. Randall, Ph.D.,Associate Professor of History of the University of Illinois. Pp. 580 xviii.D. Appleton and Company, New York. 1926.

The Department of Justice of the United Sates, by Albert Langeluttig

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The Department of Justice of the United Sates, by Albert Langeluttig

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Indiana University Bloomington Maurer School of Law